Category: blog

  • How to Restore Your Gun Rights After a Criminal Conviction

    How to Restore Your Gun Rights After a Criminal Conviction

    In California, individuals over 18 with no felony record can legally purchase and own a firearm. However, the state has strict gun laws that dictate how you can use, carry, or store the firearm. You could lose your rights to own a gun through a 10-year or lifetime ban after a criminal conviction for a…

  • What is a Penal Code 17b Motion to Reduce a Felony to a Misdemeanor?

    What is a Penal Code 17b Motion to Reduce a Felony to a Misdemeanor?

    A motion to lower a felony charge or conviction to a misdemeanor under California Penal Code Section 17b can be filed with the court for wobbler felonies. Wobbler felonies mean the prosecutor can initially charge them as felonies or misdemeanors, depending on the details of a case or the defendant’s criminal history. If you face…

  • What is Speedy Trial Rights & Grounds for Dismissal

    What is Speedy Trial Rights & Grounds for Dismissal

    The Sixth Amendment to the United States Constitution and Article I, Section 15 of the California Constitution guarantee a speedy trial. It compels the state to bring you to trial without undue or unreasonable delay. This protection prevents criminal charges from remaining unresolved indefinitely. It also protects you from prolonged pretrial detention and helps preserve…

  • Preliminary Hearing – How The Process Works

    Preliminary Hearing – How The Process Works

    Also called a probable cause hearing, a preliminary hearing is an evidentiary court hearing conducted before trial to determine whether the defendant should stand trial. In this action, the prosecution shall submit sufficient evidence to prove probable cause of a crime and that the accused committed the crime. The standard of proof is not “beyond…

  • How Long Does it Take to Get a Court Date for a Felony?

    How Long Does it Take to Get a Court Date for a Felony?

    An arrest for a felony can be quite stressful, especially if you are unsure of what to expect and how long it will take for everything to be over. Whether you are guilty or not, the waiting period between your arrest and initial arraignment can cause great anxiety. However, it could take 48 hours or…

  • What Happens at an Arraignment Hearing for a Felony?

    What Happens at an Arraignment Hearing for a Felony?

    When a person is arrested and accused of an offense, they will be subject to an arraignment as one of the initial steps in the criminal process. An arraignment refers to the first official court appearance and plays an essential role in the California criminal court process. Whether you have been accused of a felony…

  • Is Prank Calling Illegal

    Is Prank Calling Illegal

    Prank calling is the act of making a phone call or other electronic communication to a person with the main intention of provoking a response from the person by being misleading, humorous, or annoying. This behavior is regulated by several California laws, including Penal Code Section 653m. This statute prohibits communications that are intended to…

  • Is Domestic Violence a Felony in California?

    Is Domestic Violence a Felony in California?

    If you have been accused of domestic violence, you have a complex and aggressive legal system to deal with, and the situation can be thrown into turmoil by an accusation of domestic violence. One of the first questions many people have is whether the charges will be filed as felonies. The answer is that it…

  • Caught Shoplifting? 5 Strategies for Fighting The Case

    Caught Shoplifting? 5 Strategies for Fighting The Case

    Shoplifting in a Van Nuys retail store can be a stressful and frightening experience. Security personnel, police involvement, and the risk of a criminal record may make it seem like there is no way to avoid a conviction. But a charge for shoplifting does not equate to a conviction. Shoplifting is a specific-intent crime under…

  • Is “Open Carry” of Firearms Legal or Illegal in California?

    Is “Open Carry” of Firearms Legal or Illegal in California?

    A heavily debated subject in American gun law is the issue of the open carry of firearms. California has enacted some of the strictest firearm laws. Open carry is generally unlawful for ordinary citizens in most public places in California. Lawmakers over the years have passed laws prohibiting both loaded and unloaded guns from being…